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06-Dec-2023 (In Divorce Law)
I have filed divorce case on my wife on cruelty. She has a past adultery after marriage . After knowing about the adultery we stayed together for 5yrs because of my son. Now I want to divorce her. I got the SMS data of her past adultery now through police . Can the SMS data help in getting divorce from my wife easily. Can I escape from maintenance. I vll get 1.2lakh salary and my wife started working recently 1month before ,after I left her ...she earns 10k. It has been 9months we get seperated. How much she may get if she claims maintenance, my son is with her.pls advise me
hi
1)first and foremost maintenance will need to be paid for the son and NOT for the wife who is in adulterous relationship and also working.
2) please note that alimony in divorce is different from maintenance u/s 125 cr.p.c.
in general about 30 % of salary should be paid for wife and child . however in your case it will be lower.
please note that there is no straight forward rule in grant of maintenance and everything is on case to case basis.
also if you have not filed for divorce, it will be deemed that you have pardoned your wife of adulterous relationship and agreed to live with her thereafter
1)first and foremost maintenance will need to be paid for the son and NOT for the wife who is in adulterous relationship and also working.
2) please note that alimony in divorce is different from maintenance u/s 125 cr.p.c.
in general about 30 % of salary should be paid for wife and child . however in your case it will be lower.
please note that there is no straight forward rule in grant of maintenance and everything is on case to case basis.
also if you have not filed for divorce, it will be deemed that you have pardoned your wife of adulterous relationship and agreed to live with her thereafter
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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